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LOCAL GOVERNMENT ACT 1993 - SECT 307 Casual vacancies

LOCAL GOVERNMENT ACT 1993 - SECT 307

Division 9 - Casual vacancies Casual vacancies

(1)  A casual vacancy in the office of a councillor is to be filled by a recount, carried out under Schedule 8 , of the ballot papers of the election at which the councillor causing the vacancy was elected.
(2)  For the purpose of a recount, only the ballot papers containing the votes of the vacating councillor are to be counted for candidates who remain eligible and who consent to be included when the recount is carried out.
(3)  The Electoral Commissioner is not to carry out a recount if a vacancy occurs during the period commencing 6 months before, and ending on the Thursday before, the day on which the notice of election for a forthcoming election is to be given.
(3A)  The Electoral Commissioner is to carry out a recount if a vacancy occurs during the period referred to in subsection (3) if the number of remaining councillors of a council is not sufficient to constitute a quorum.
(3B)  .  .  .  .  .  .  .  .  
(4)  The Electoral Commissioner is to notify that a recount to fill a casual vacancy is to take place by–
(a) notice in writing sent or delivered to each eligible candidate; or
(b) an advertisement published in a daily newspaper circulating in the relevant municipal area.
(5)  An eligible candidate who wishes to be included in a recount must consent in the approved form by lodging the form with the Electoral Commissioner by noon on the 8th day after the date of a notice or advertisement referred to in subsection (4) .
(6)  The term of office of a councillor elected by means of a recount ends on the date of issue of the certificate of election for the next ordinary election.
(7)  The Electoral Commissioner must not disclose to a person the results, of a recount in respect of a hypothetical casual vacancy, that may be obtained by performing an electronic calculation based on any electronic records of ballot papers, completed by electors or former electors, that are held in an electronic form by the Electoral Commissioner.